The State Of Madhya Pradesh vs Jitendra @ Jittu
2022 Latest Caselaw 6076 MP

                                                         1
                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                          BEFORE
                                                  SHRI JUSTICE SUJOY PAUL
                                                             &
                                            SHRI JUSTICE DWARKA DHISH BANSAL
                                                 ON THE 25th OF APRIL, 2022

                                       MISC. CRIMINAL CASE No. 47405 of 2021

                                Between:-
                                THE STATE OF MADHYA PRADESH THR. ITS P.S.
                                PANDHURNA DISTT. CHHINDWARA (M.P.)

                                                                                      .....PETITIONER
                                (BY SHRI PRAMOD THAKRE, GOVT. ADVOCATE )

                                AND

                                JITENDRA @ JITTU S/O SHRIRAM CHOUDHARY,
                                AGED ABOUT 34 YEARS, R/O VILLAGE BOTHIA P.S.
                                PANDHURNA DISTT. CHHINDWARA (M.P.)

                                                                                    .....RESPONDENT
                                (NONE )

                              This application coming on for hearing this day, JUSTICE DWARKA
                      DHISH BANSAL passed the following:
                                                          ORDER

Heard on the application seeking leave to appeal under Section 378 (III)

of Cr.P.C. against the impugned judgment dated 24.06.2021 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act 1989 Chhindwara in Special Case No.72/2017 acquitting the respondent from the charges under Sections 450, 458, 302 & 376 (ka) of IPC and Section 3(2)

(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

B y taking this Court to the prosecution story, Shri Pramod Thakre, learned Govt. Advocate submits that Upasrao son of the deceased made a complaint to the effect that he drives Auto and resides at Bothiya whereas his mother resides alone in Indra Awas. On 3.4.2017 at about 6.30 a.m. he received a phone call of Anil Bagde that some one has beaten his mother and Signature SAN Not Verified she is lying on the earth in the house, then he went there and saw that his Digitally signed by KRISHAN KUMAR CHOUKSEY mother is lying on the earth in injured condition, upon asking she told him that Date: 2022.04.27 16:59:56 IST

Jitendra Choudhary of the village entered into the house and asked to give him the money and upon refusal he badly beaten her and also committed rape on her. He submits that without considering the material piece of evidence learned trial Court has acquitted the respondent-accused from the charges by

giving benefit of doubt and ignoring the dying declaration which could not have been ignored on the ground of leading questions because answer to question no.3 contains name of accused i.e. Jitendra Choudhary, hence other subsequent questions do not come under purview of leading questions. Accordingly, he prays for grant of leave.

We have heard the learned Government Advocate at length and perused the record.

Prima facie, we find substance in the argument of learned counsel for the State. Considering the aforesaid, we deem it proper to grant leave.

We order accordingly.

The matter be converted into Criminal Appeal. Registry shall issue bailable warrant of Rs.25,000/- (Rupees Twenty five thousand only) to the respondent for a date to be fixed by the Registry.

Accordingly, this M.Cr.C. is allowed and disposed of.

      (SUJOY PAUL)                                 (DWARKA DHISH BANSAL)
         JUDGE                                            JUDGE
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